This week BC passed the Intimate Images Protection Act.
This law gives victims of wrongful intimate image distribution powerful new remedies and rights to control their intimate images online.
The law is broad in its application. It captures activity such as revenge porn and other wrongful sharing of intimate images. The broad language may also give power tools to models and others that have their intellectual property shared beyond their consent.
If you have images behind an online paywall you consent to people that subscribe to view your images. You don’t consent to people stealing the images and reposting them for others to see outside of that paywall.
The BC Intimate Images Protection Act is worded so broadly it may provide a meaningful remedy in these circumstances (and one that is faster and potentially more effective that cumbersome copyright prosecutions).
If you can prove there is an ‘intimate image’ of you online, and you can prove that you do not consent to that image being ‘distributed’ in the way that it is the law gives you remedies. These include the ability to get a quick BC Civil Resolution Tribunal order that the image be removed. By whoever is posting it. Failure to abide by the order can give rise to claims of damages for the continued distribution. These damages can include claims for compensatory loss (ie lost income), and even aggravated and punitive damages.
If your intimate images are being shared without or beyond your consent get familiar with this law. If you want to learn more you can contact us for a free consultation.